[HISTORY: Adopted by the Town Board of the Town of Wallkill 6-15-1978
by L.L. No. 1-1978. This local law provided that it shall take effect 6-8-1978.
Amendments noted where applicable.]
This chapter shall provide the basic method for administration and enforcement
of the State Fire Prevention Code[1] in the Town of Wallkill and shall establish powers, duties and
responsibilities in connection therewith.
[1]
Editor's Note: By resolution adopted 7-14-1977, the Town Board accepted
the applicability of the New York State Fire Prevention Code. Copies of the
Fire Prevention Code are on file in the office of the Town Clerk.
There is hereby designated the office of the Building Inspector to administer
and enforce the State Fire Prevention Code within the Town of Wallkill.
A.
The Town Board may adopt rules and regulations for the
administration and enforcement of the State Fire Prevention Code. Such rules
and regulations shall not conflict with the State Fire Prevention Code, this
chapter or any other provisions of law.
B.
The Town Board shall publish all rules and regulations
at least 10 days prior to the effective date thereof in a newspaper of general
circulation within the Town of Wallkill.
A.
Upon payment of fees as prescribed in the schedule of
fees adopted by the Town Board, permits shall be issued by and bear the name
and signature of the Building Inspector and shall specify:
B.
Permits shall not be transferable, and any change in
activity, operation, location, ownership or use shall require a new permit.
C.
Permits shall continue until revoked or for a period
of time designated at the time of issuance. An extension of the permit time
period may be granted, provided that a satisfactory reason can be shown for
failure to start or complete the work or activity authorized within the required
time period.
D.
Permits shall be obtained for the following:
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Acetylene generators: to operate an acetylene generator having a calcium
carbide capacity exceeding five pounds.
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Automobile tire rebuilding plants: to operate an automobile tire rebuilding
plant.
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Automobile wrecking yards: to operate an automobile wrecking yard.
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Bowling establishments: for bowling pin refinishing and bowling lane
resurfacing operations involving the use and application of flammable or combustible
liquids or materials.
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Cellulose nitrate motion-picture film: to store, keep or have on hand
more than 25 pounds of cellulose nitrate motion-picture film.
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Cellulose nitrate plastics (pyroxylin):
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(1)
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To store, keep or have on hand more than 25 pounds of cellulose nitrate
plastics (pyroxylin).
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(2)
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To manufacture articles of cellulose nitrate plastics (pyroxylin) which
shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture
or assembling of other articles.
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Combustible fibers: to store, handle or use combustible fibers in quantities
in excess of 100 cubic feet, except agricultural products on a farm.
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Combustible materials: to store combustible materials, including, but
not limited to, empty combustible packing cases, boxes, barrels or similar
containers, rubber tires, baled cotton, rubber, cork or other similar materials
in excess of 2,500 cubic feet gross volume, on any premises.
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Compressed gases: to store, handle or use at normal temperatures and
pressures more than 2,000 cubic feet of flammable compressed gas or 6,000
cubic feet of nonflammable compressed gas; or to store, handle or use any
quantity of liquefied natural or hydrogen gas.
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Cryogenics: to store, handle or use cryogenic fluids, except cryogenics
used as motor fuel and stored in motor vehicle tanks, as follows:
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(1)
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Production, sale or storage of cryogenic fluids.
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(2)
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Storage or use of flammable cryogenic fluids, cryogenic oxidizers or
liquefied oxygen in excess of 10 gallons.
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Dry-cleaning plants: to use in excess of four gallons of solvents or
cleaning agents classified as flammable or combustible.
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Dust-producing plants: to operate any grain elevator, flour, starch
or feed mill, woodworking plant or plant pulverizing aluminum, coal, cocoa,
plastics, magnesium, spices, sugar, sulfur or other materials producing potentially
explosive dust.
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Explosives, ammunition and blasting agents:
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(1)
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To manufacture, possess, store, sell or otherwise dispose of explosives
and blasting agents.
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(2)
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To use explosives or blasting agents.
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(3)
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To operate a terminal for handling explosives or blasting agents.
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Flammable and combustible liquids:
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(1)
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To store, handle or use flammable liquids in excess of 6 1/2 gallons
inside dwellings, in excess of 10 gallons inside any other building or other
occupancy or in excess of 60 gallons outside of any building. This provision
shall not apply to liquids in the fuel tank of a motor vehicle, aircraft,
portable or stationary engine, boat or portable heating plant or paints, oils,
varnishes or similar flammable mixtures when such liquids are stored for maintenance,
painting or similar purposes.
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(2)
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To store, handle or use combustible liquids in excess of 25 gallons
inside a building or in excess of 60 gallons outside of a building. This provision
shall not apply to fuel oil used in connection with oil-burning equipment.
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(3)
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A permit shall be obtained for the initial installation of an oil burner
and a fuel oil tank used in connection therewith. A permit shall be required
for the replacement of a fuel oil tank connected to an oil burner.
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(4)
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For processing, blending or refining of flammable or combustible liquids.
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Flammable finishing: for spraying, coating or dipping operations utilizing
flammable or combustible liquids.
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Fruit ripening process: to conduct a fruit ripening process using ethylene
gas.
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Fumigation and thermal insecticidal fogging: to conduct fumigation or
thermal insecticidal fogging operations.
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Hazardous chemicals:
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(1)
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To store, handle or use more than 55 gallons of corrosive liquids, or
more than 50 pounds of oxidizing materials, or more than 10 pounds of organic
peroxides, or more than 50 pounds of nitromethane or 1,000 pounds or more
of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures
containing 60% or more ammonium or any amount of toxic material or poisonous
gas.
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(2)
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To store, handle or use any quantity of air-reactive, water-reactive
or unstable materials.
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Junkyards: to operate a junkyard.
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Liquefied petroleum gas: for each installation of liquefied petroleum
gas employing a container or an aggregate of interconnected containers of
over 2,000 gallons' water capacity and for each permanent installation, irrespective
of size of containers, made at buildings in which 20 or more persons congregate
for civic, political, educational, religious, social or recreational purposes.
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Lumberyards: to operate a lumberyard.
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Magnesium: for melting, casting, heat treating, machining or grinding
of more than 10 pounds of magnesium per working day.
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Matches:
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(1)
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To manufacture matches.
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(2)
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To store matches in excess of 25 cases. (NOTE: One case equals one matchman's
gross of 14,400 matches.)
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Organic coatings: to perform organic coating operations utilizing more
than one gallon of organic coating on any working day.
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Ovens and furnaces: to operate industrial processing ovens and furnaces
operating at approximately atmospheric pressures and temperatures not exceeding
1,400º F. which are heated with oil or gas fuel or which during operation
contain flammable vapors from the material in the oven or catalytic combustion
system.
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Places of assembly: to maintain, operate or use a place of assembly.
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Service stations and repair garages: to operate a service station or
repair garage.
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Welding and cutting: to operate a welding and cutting business. A record
of all locations where welding or cutting operations are performed shall be
maintained and kept available for inspection by the permit holder.
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E.
Consolidated permits. When more than one permit is required
for the same property or premises, a single permit may be issued listing all
materials or operations covered. Revocation of a portion or portions of such
consolidated permit, for specific hazardous materials or operations, shall
not invalidate the remainder.
F.
Location of permits. Permits shall be kept on the property
or premises covered by the permit or carried by the permit holder.
G.
Revocation of permits. Permits may be suspended or revoked
when it is determined that there is a violation of a condition under which
the permit was issued or there has been misrepresentation or falsification
of material facts in connection with the permit application or a condition
of the permit.
A.
The office of the Building Inspector shall conduct periodic
inspections for compliance with the provisions of the State Fire Prevention
Code. Such inspections may be made at any reasonable time.
B.
If entrance to make an inspection is refused or cannot
be obtained, the Building Inspector or his agent may apply for a warrant to
make an inspection to any court of competent jurisdiction.
A.
A person owning, operating, occupying or maintaining
property or premises within the scope of the State Fire Prevention Code or
this chapter shall comply with all the provisions of the State Fire Prevention
Code, this chapter and all orders, notices, rules, regulations or determinations
issued in connection therewith.
B.
Whenever the Building inspector or his agent finds that
there has been a violation of the State Fire Prevention Code, this chapter
or any rule or regulation adopted pursuant to this chapter, a violation order
shall be issued to the person or persons responsible.
C.
Violation orders shall be in writing, shall identify
the property or premises, shall specify the violation and remedial action
to be taken, shall provide a reasonable time limit for compliance and shall
state the time within which an appeal may be taken.
D.
Violation orders may be served by personal service, by
mailing by registered or certified mail or by posting a copy thereof in a
conspicuous place on the premises and by mailing a copy thereof to the premises
on the same day as posted, enclosed in a postpaid wrapper addressed to the
person responsible.
E.
In case the owner, lessor, occupant or the agent of any
of them shall fail, neglect or refuse to remove, eliminate or abate the violation
within the time specified in the violation order, appropriate legal action
shall be taken by the office of the Building Inspector.
F.
The office of the Building Inspector and his agents,
including the Fire Inspector, is hereby authorized and empowered to issue
and serve the necessary appearance tickets, returnable in the Town of Wallkill
Justice Court, to those people responsible for the aforesaid uncorrected violations.
[Added 2-10-1983 by L.L.
No. 2-1983]
A.
Failure to comply with any provision of the State Fire
Prevention Code, this chapter, rules or regulations adopted pursuant to this
chapter or a violation order shall be deemed a violation, and the violator
shall be liable for a fine of not less than $25 or imprisonment not to exceed
180 days, or both, and each day such violation continues shall constitute
a separate violation.
B.
An action or proceeding in the name of the Town of Wallkill
may be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of the State
Fire Prevention Code, this chapter, rule or regulation adopted pursuant to
this chapter or a violation order or to vacate the occupancy of a building
in the case of imminent danger to life or property. Such remedy shall be in
addition to penalties otherwise prescribed by law.
The Building Inspector shall keep official records of all permits, inspection
reports, recommendations, complaints and violation orders.
A.
A building or structure or part thereof which is an imminent
danger to life and the safety of the public as a result of a fire or explosion
is hereby declared to be a public nuisance.
B.
Whenever the Building Inspector or his agent finds a
building or structure or part thereof to be an imminent danger to life and
the safety of the public as a result of a fire or explosion, the Building
Inspector or his agent may cause it to be demolished and removed or may cause
work to be done in and about the building or structure as may be necessary
to remove the danger.
C.
The Building Inspector or his agent may require the occupants
of any such building or structure or part thereof to vacate the premises forthwith.
No person shall use or occupy such building or structure or part thereof until
it is made safe. Except for the owner, no person shall enter premises which
have been ordered vacated unless authorized to perform inspections or repairs
or to demolish and remove such building or structure or part thereof.
D.
All costs and expenses incurred by the Town of Wallkill
in connection with any work done to remove the danger or in connection with
the demolition and removal of any such building or structure shall be assessed
against the land on which such building or structure is located, and a bill
for such expenses shall be presented to the owner of the property, or, if
the owner cannot be ascertained, then such bill shall be posted in a conspicuous
place on the premises. Such assessment shall be and constitute a lien upon
such land. If the owner shall fail to pay for such expenses within 10 days
after the bill is presented or posted, a legal action may be brought to collect
such assessment or to foreclose such lien. As an alternative to the maintenance
of any such action, the Building Inspector or his agent may file a certificate
of the actual expenses incurred as aforesaid, together with a statement identifying
the property in connection with which the expenses were incurred and the owner
thereof, with the Assessor, who shall, in the preparation of the next assessment
roll, assess such amount upon such property. Such amount shall be included
in the levy against such property, shall constitute a lien and shall be collected
and enforced in the same manner, by the same proceedings, at the same time
and under the same penalties as is provided by law for the collection and
enforcement of real property taxes in the Town of Wallkill.
[Amended 5-27-1982 by L.L.
No. 4-1982]
A.
A Board of Review is hereby established for the purpose
of granting variances where enforcement of any provision or requirement of
the State Fire Prevention Code results in practical difficulties or unnecessary
hardships. Any such variance shall be consistent with the spirit of the Code
and shall not be inconsistent with Subdivision 2 of § 391 of the
Executive Law.[1]
[1]
Editor's Note: Section 391 of the Executive Law was repealed by the
Laws of 1981, c. 707, § 12, effective 1-1-1984. For current provisions,
see Article 18 of the Executive Law.
B.
The Board of Review shall be composed of seven persons
to be appointed by the Town Board. The term of each member shall expire on
December 31, 1983. The Town Board shall appoint a Chairman who shall preside
at all meetings.
[Amended 8-26-1982 by L.L.
No. 9-1982]
C.
The Board of Review may adopt regulations governing its
procedures and appropriate forms for efficient administration.
D.
The Town Board shall obtain a copy of the Board of Review's
decision for its records.
